CITIZEN INTEREST AGENCY Vs. COCHIN PORT TRUST

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are directed against the judgment of the Division Bench of the Kerala High Court relating to a lease granted by the Ministry of Surface Transport for setting up a Cement Unloading and Packing Terminal in Cochin Port.

(3.) It transpires that earlier in the years 1994-95, the Port Trust had invited tenders for granting long term lease of work with or without back up areas. At that point of time, writ petitions had been filed in Kerala High Court assailing the feasibility and legality of such projects contending inter alia that allowing such projects would disturb the sensitive aqua eco system of the estruarine circulation, thereby endangering the Marine Species and also is contrary to the CRZ notifications. While such writ petitions were pending before the High Court, the Ministry of Surface Transport communicated its decision to the Cochin Port Trust that they do not consider it feasible to grant lease of the land for going ahead with the projects and in view of such communication, the writ petitions were held to be infructuous. Subsequent to the dismissal of the aforesaid writ petitions, Government of India, Ministry of Surface Transport having passed an order on 15th October, 1998, granting lease of land within the Port Trust area, the appellants herein became apprehensive that the Government is going to sanction the projects concerned in spite of several violations of law and environmental degradation and then approached the High Court assailing the aforesaid order of the Ministry of Surface Transport dated 15-10-1998.